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(영문) 의정부지방법원 2016.08.09 2016노1320
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable for the lower court’s punishment (two years of suspended sentence for six months of imprisonment, protection observation, community service 200 hours, compliance driving lectures, 40 hours of suspended sentence).

2. Determination

A. It is recognized that the defendant confessions the crime of this case and reflects the defendant.

B. However, the Defendant had six times the history of punishment for driving under drinking or non-licensed driving, and the summary of the facts charged of the instant case is that the Defendant driven a B-beon vehicle without obtaining the driver’s license from the front of the Home P-beer’s license on December 8, 2015 to the front of the 152 “N-beon-si” road located in the Eup/Myeon due to the influence of the Defendant around 09:30 on December 8, 2015, and that the Defendant driven a B-beon vehicle without obtaining the driver’s license on October 4, 2011. The Defendant is not subject to the punishment of the Defendant for driving the B-beon vehicle without the driver’s license on December 3, 2013, even if he had been sentenced to the punishment of the Defendant on around 21:25, 2010 after the lapse of the 58-1 U.S. Sincheon-si’s age from the front of both Jeju-si 306 P-si.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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